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Mark A. CANTU, Appellant v. GUERRA & MOORE, LLP, Carlos Guerra, J. Michael Moore, and David Lumber, Appellees

Summary judgment on the appellant's allegations of extrinsic fraud was improper. The summary judgment evidence raises genuine issues of material fact on whether appellees' alleged deceptions prevented the appellant from presenting any claims or defenses on the specific plans, actions, and evidence of conspiracy, bribery, perjury, and coercion allegations he raised by his petition; whether he could have reasonably discovered these matters before trial or appeal; whether any claim or defense was, could have been, or should have been presented to and considered by the fact-finder in rendering judgment; and whether the judicial process was distorted to such an extent that confidence in the ability to discover the fraudulent conduct through the regular adversarial process was undermine and the appellant was denied the opportunity to fully litigate at trial all the rights or defenses that could have been asserted. The trial court's judgment is reversed and remanded. San Antonio Court of Appeals, No. 04-13-00213-CV, 06-25-2014

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COURT OF APPEALS OF TEXAS, FOURTH DISTRICT, SAN ANTONIO

Mark A. CANTU, Appellant



v.



GUERRA & MOORE, LLP, Carlos Guerra, J. Michael Moore, and David Lumber, Appellees

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